Upcoming cases - Supreme Court

As at 4 August 2021

Sittings of the Supreme Court are open to the public.

Upcoming fixtures are set out below:

JULY:

AUGUST

3 August

Case number	SC 10/2021
Case name	Katharine Elizabeth Preston VTM Bruton QC and IM Hutcheson v Grant Lee Preston And Grant Lee Preston and Fisher Partners Limited as Trustees of the Grant Preston Family Trust JM McCleary and RC Van den Broek Civil Appeal
Judges	Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
Grounds on which leave was granted	The approved question is whether the Court of Appeal was correct to dismiss Ms Preston’s appeal in relation to her claim for an award of part of the assets of the Grant Preston Family Trust under s 182 of the Family Proceedings Act 1980. Supreme Court leave application decision Court of Appeal decision High Court decision

17 August

Case number	SC 5/2021
Case name	Donglin Deng JD Turner and L Huang v Lu Zheng D Zhang and E Tie New Zealand Law Society B Jones as Intervenor Civil Appeal
Judges	William Young, Glazebrook, O’Regan, Ellen France and Williams JJ
Grounds on which leave was granted	The approved question is whether the Court of Appeal was correct to make a declaration that there was a partnership between Mr Zheng and Mr Deng in which they were equal partners and to make orders that were consequential on that finding. Supreme Court leave application decision Court of Appeal decision High Court decision

20 August

Case number	SC 14/2020
Case name	TUV (SC 14/2020) A Douglass and AS Butler V The Chief of New Zealand Defence Force AL Martin and JPA Boyle Human Rights Commission JS Hancock as Intervenor Further Civi Appel
Judges	Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Arnold JJ
Grounds on which leave was granted	The approved ground is: (i) Does the test in O’Connor v Hart [1985] 1 NZLR 159 (PC) (that a contract is not voidable for mental incapacity unless the other contracting party has actual or constructive knowledge of the incapacity, or equitable fraud is established) apply in the employment jurisdiction (in particular, to a settlement agreement that has been certified under s 149 of the Employment Relations Act 2000)?(ii) If not, what is the relevant test and should the settlement agreement have been set aside in this case on the grounds of mental incapacity? Supreme Court leave application decision Court of Appeal decision Employment Court decision not publicly available

OCTOBER

4 October - 8 October and 11 October - 15 October

Case number	SC 49/2019
Case name	Peter Hugh McGregor Ellis v The Queen
Judges	Winkelmann CJ, Glazebrook, O'Regan, Williams and Arnold JJ

NOVEMBER

2 November

Case number	SC 32/2021
Case name	Shane Dromgool, Dorothy Dromgool, Alan Darvall Poulton, Jennifer Poulton and Newman Farms Limited v Minister for Land Information
Judges	tbc

16 November - 18 November - Supreme Court will be sitting in Auckland

Case number	SC 25/2021
Case name	Royal Forest and Bird Protection Society of New Zealand Incorporated v New Zealand Transport Agency
Judges	tbc

19 November - Supreme Court will be sitting in Auckland

Case number	SC 9/2021
Case name	Te Warena Taua, George Hori Winikerei Taua, Ngarama Walker, Hamuera Taua and Miriama Tamaariki as Trustees of the Te Kaweray Iwi Tribal Authority and Te Warena Taua, George Hori Winikerei Taua, Ngarama Walker, Hamuera Taua and Miriama Tamaariki as Trustee
Judges	tbc